Wittig goes to federal prison

Former Westar Energy Inc. Chairman David Wittig was sent to prison Tuesday, said Jim Cross, a spokesman for the U.S. Attorney's office.

Wittig had been free on bond, but prosecutors argued in a Topeka hearing that he had violated the terms of that bond by making numerous financial transactions with money he potentially would have to forfeit.

U.S. District Judge Julie Robinson held the hearing after issuing a Jan. 6 order to Wittig's lawyers seeking a complete accounting of all of Wittig's financial transactions since October 2002.

Robinson sentenced Wittig to 51 months in prison on Feb. 27, 2004, after a jury found him guilty of six counts in a bank fraud case. Robinson immediately granted his motion for release on bond as he appealed the conviction and sentence and faced more criminal charges in a separate prosecution.

Conditions of Wittig's release prohibited him from buying, selling or transferring property worth $25,000 or more without notifying prosecutors and the U.S. Probation Office and obtaining approval from Robinson, according to a supplemental motion filed Tuesday by Richard Hathaway, senior litigation counsel for the Kansas U.S. Attorney's Office.

Another jury found Wittig and former Westar Senior Vice President Douglas Lake guilty of corporate looting charges in September, convicting Wittig on 39 counts and Lake on 30 counts. Their sentencing is scheduled for April 3.

A 40th count required forfeiture of several million dollars' worth of assets the jury determined Wittig had gotten from illegal acts.